BOROUGH OF POOLE
LICENSING SUB-COMMITTEE
17 NOVEMBER 2008
The Meeting commenced at 12:10pm and concluded at 13:55pm.
Present:
Councillor Mrs Butt (Chairman)
Councillors Adams and Maiden
Members of the public present: 0
LS38.08 APOLOGIES FOR ABSENCE
No apologies for absence were received.
LS39.08 DECLARATIONS OF INTEREST
None
LS40.08 TURKISH KEBAB AND PIZZA HOUSE, POOLE
The Chairman apologised for the delay in starting the Meeting.
The Chairman outlined the Rules and Procedure for dealing with the granting of a Premises Licence for the Premises known as Turkish Kebab and Pizza House, 91 Melbury Avenue, Poole. Situated within Alderney Ward
The speakers were identified as Frank Wenzel, Principal Licensing Officer, Environmental and Consumer Protection Services, (ECPS), Borough of Poole (BoP), Mr. Oskan, the Applicant, Mr. Hudson, Dorset Licensing, acting on behalf of the Applicant, Sergeant Lynette Gibbs, Dorset Police and Matt Seager, Crime Analysis, Dorset Police.
The Principal Licensing Officer read the Report of the Head of Environmental and Consumer Protection Services, which stated a representation, had been received from Dorset Police, regarding the potential for crime and disorder.
Matt Seager, an analyst for Dorset Police’s Bournemouth and Poole Intelligence Unit explained to the Sub-Committee the Crime Analysis Report and the Summary of Crimes and Police Incidents relating to the Premises known as ‘Turkish Kebab and Pizza House’, which had been provided to the Sub-Committee Members, with the Agenda. The Summary of the Analysis was as follows:
· 9.6% of all ‘Anti-Social Behaviour’ incidents recorded between 1600 and 0159 hours in the Rossmore, Newtown and Branksome area between October 2007 and September 2008 occurred within 250 metres of the Premises.
· 19% of all ‘Anti-Social Behaviour’ incidents recorded between1600 and 0159 hours in the Rossmore, Newtown and Branksome area between October 2007 and September 2008 occurred within 500 metres of the Premises.
· The Premises was within the main hotspot for anti-sociable behaviour between the times of between1600 and 0159 hours in the Rossmore area. The Hotspot was also a significant one within the wider Rossmore, Newtown and Branksome area.
Sergeant Lynette Gibbs advised the Sub-Committee that the main area of concern was the Premises’ intended trading hours. The Premises was situated within a predominately large residential area and the other retail units that had not traded beyond 2300 hours. Anti-Social Behaviour had decreased after 2300 hours, however if the Premises was allowed to trade beyond these hours this type of behaviour would increase. The Police had received a couple of calls from public in respect of the Premises, one of which was of racial abuse. The Premises Staff had not notified Police of the incident and refused to provide evidence. Another concern was whether the delivery staff would be 18 years of age or older, and if checks were to be made prior to delivery hand over?
Mr. Hudson advised the Sub-Committee that the sale of alcohol both ‘off’ and ‘on’ Premises was only to be sold with the purchase of food. It was noted on the Application that, in order to promote the Licensing Objectives, the sale of alcohol would only be sold with a substantial meal (not just crisps) for the consumption off the Premises. The Alcohol would be out of sight, behind the counter and the Premises had an internal CCTV camera installed. The main business was to be take-away and home delivery sales and no employee under the age of 18 years of age would be responsible for the sale of intoxicating liquor. In response to the Crime Analysis Report, Mr. Hudson felt that 9.1 incidents a month was not a larger number of incidents and that not of those were related to alcohol. He believed it was not proven that trading beyond 23:00 hours would increase the level of anti-sociable behaviour and was merely superstition. It was for this reason he suggested the Application should be granted.
In response to Sub-Committee questions, Mr. Hudson explained that purchases of alcohol would only be made to those over of 18 years of age and when referring to a ‘substantial meal’ a bottle of alcohol would only be sold with the following minimum food orders:
· In shop food sales of £3
· Take-away food sales of £5
· Home Delivery food sales of £7
In response to Sub-Committee questions, Mr. Oskan advised the Sub-Committee that the till receipt did not provide itemised sales as evidence of substantial food being sold with alcohol. However he was willing to consider this option. He stated he had a child himself and was aware of the concerns raised. He wanted to protect his business and would take all necessary measures required to ensure alcohol was only sold to those over 18 years of age.
Sergeant Lynette Gibbs advised the Sub-Committee that the Premises had previously failed to report anti-social behaviour. If the Premises was granted to trade beyond 23:00 hours there would an increased level of anti-sociable behaviour as backed up by the Analysis Crime Report. The Dorset Police were not against the sale of alcohol but were against the additional hours the Premises had requested to trade until.
Mr. Hudson advised the Sub-Committee that there was an opportunity of a review if it was felt that the Applicant had not taken the necessary measures required to prevent crime and disorder.
The Chairman verified that all parties had been given the opportunity to speak and put their points across.
The Sub-Committee then withdrew to consider its decision.
The Sub-Committee reconvened and gave its decision as follows: -
RESOLVED that a Premises Licence in respect of the ‘Turkish Kebab and Pizza House’ be granted, subject to the following conditions:-
1. Alcohol may be sold for consumption off the premises from 10.00hours to 23.00hrs daily.
2. Late night refreshment in respect of ahome delivery service only may be provided from these Premises on Sundays to Thursdays inclusive from 23.00hrs to midnight and on Fridays and Saturdays from 23.00hrs to 01.00hrs.
3. Alcohol may only be sold as ancillary to substantial refreshment.
4. A CCTV system will be installed to the satisfaction of the Dorset Police.
5. Staff training will be given to all staff using training methods recognised by the Dorset Police/Trading Standards.
6. Only PASS approved ID`s will be acceptable plus passports or photo driving licences.
7. A refusals register or other recognised method will be used to monitor staff compliance.
8. PASS scheme signage will be displayed at the entrance to the premises.
9. The designated premises supervisor will adopt the SWERCOTS guidance with regard to under age sales.
10. No employee under the age of 18years will be responsible for the sale of alcohol.
11. Itemised till receipts will be provided
The reasons given for the Decision were that, having heard representations made by Mr. Hudson on behalf of the Applicant and representations on behalf of the Dorset Police, the Sub-Committee considered the Dorset Police’s Objection that crime and disorder would increase if the Premises was allowed to be open to the public after 23.00hrs. It was noted that the Police were not opposed to the sale of alcohol from the Premises in principle and that the Applicant provided a home delivery service. The Licensing Sub-Committee decided that the Police’s Objection should be upheld, so as to discourage youths from congregating in the vicinity of the Premises after 23.00hrs. However, there was no reason why a delivery service for food only should not be operated from the Premises after 23.00hours.
Chairman
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